Native Vegetation Act 1991

A consent under this Division to the clearance of native vegetation is subject to such conditions (if any) as the Council thinks fit to impose.

Without limiting subsection (1), consent may be subject to one or more of the following conditions:

a condition requiring the applicant to—

establish vegetation consisting of a specified number of plants of a specified species on specified land; and

nurture, protect and maintain the plants until they are fully established or for such period as the Council specifies;

a condition requiring the applicant to protect native vegetation growing or situated on specified land;

a condition restricting the purposes for which land referred to in a condition under paragraph (a)(i) or (b) can be used;

a condition requiring the applicant to destroy plants of a non endemic species specified by the Council growing on land specified by the

Council;

a condition that the applicant enter into a heritage agreement with the Minister under this Act in the terms specified by the Council for the management of specified native vegetation;

a condition requiring that a copy of the consent issued by the Council be kept in such manner, and in any place, specified by the Council.

Conditions imposed on consent to clear native vegetation are binding on, and enforceable against—

the applicant for the consent; and

all owners and subsequent owners of the land to be cleared and any other land to which a condition relates; and

an occupier of the land to be cleared and any other person who acquires the benefit of the consent.

The

Council must inform the Registrar-General in writing of all conditions imposed under this section that relate to land (including conditions under subsection (2)(c)) and must provide the Registrar-General with such further information as the Registrar-General requires to comply with subsection (5).

The

Registrar-General must note the conditions against the relevant instrument of title for the land or, in the case of land not under the Real

Property Act 1886, against the land.

The

Registrar-General must, on the application of the Council after the variation or revocation of a condition under this section, vary or cancel a note under subsection (5) (but must otherwise ensure that the note is not removed once made).